The employer, a scaffold company, erected a metal tubular scaffold at the site
to a height of approximately 80 feet. At the uppermost floors the building face
protruded about three feet out from the building. The employer was found in
serious violation of sections 1644(a)(5)(A) and 1644(c)(5). Section 1644(a)(5)(A)
required that the scaffold be tied to the building when the height of the scaffold
exceed four times the least base dimension, in this case, 12-feet. The employer
unsuccessfully argued that the division was required to prove that ties were
not originally installed at the 12-foot level. Section 1644(c)(5) required scaffold
frames to be placed one on top of the other. The employer used a cantilevered
scaffold arrangement at the uppermost floors. Section 1644(c)(5) required stacking
of the scaffold frames to maintain a vertical alignment. The employer unsuccessfully
argued that that was impossible. The serious classification was not challenged
in the petition for reconsideration and that issue was therefore waived.